Ahead of the crucial floor test tomorrow, Congress leaders cited past Supreme Court judgements and Sarkaria Commission report and said The Governor is required to give at least 30 days time before holding the majority test.

Sources, however, said Congress has prepared its strategy and will not let the floor test to be held tomorrow. They also said that Congress may seek a clarification from the court on Governors powers.

"The Governor cannot convene a session unilaterally. There are Supreme Court judgements in this regard. The Sarkaria Commission says at least 30 days have to be given for holding such a test. The Governor can only advise the chief minister, who in consultation with his council of ministers, can convene an assembly session," a senior Congress leader said.

Senior Congress leader Kapil Sibal said the party is ready for a test but the session has to be convened on governments advice. Asked if Congress was ready for a floor test tomorrow, he said the Governor cannot dictate on when to convene the assembly session.

"The Supreme Court has said that it has to be decided between the chief minister and the Speaker and advise the Governor when to call the House. It is not the Governors prerogative to call the House," Sibal told PTI.

"We are ready for a floor test on July 24 or 25," he said, adding that it cannot be held tomorrow.

Tuki told Roy that he needs 10 days to call the session and in doing so has cited the Sarkaria Commission report which speaks of granting 30 days to the chief minister to prove majority.

For a session to be convened, a notification has to be issued by the government and the Tuki government is not inclined to do so.

In the 60-member house, Congress is precariously placed as 21 of its MLAs continue to be rebels and are with the ousted Chief Minister Kalikho Pul.

But Congress leaders claimed that as on December 15, 2015, the date to which the Supreme Court has restored status quo ante in the state, the party had 45 MLAs in a 58-member House where two seats were vacant, BJP had 11 and two were independents.

"On December 15, 2015, rebel MLAs of the Congress had not defected from the party as per the Anti Defection Law and were hence technically with Congress," a party leader said.

Asked about the issue, Congress spokesperson Manish Tewari said the situation reinforces that Narendra Modi government has "absolutely no respect for democracy".

"They have misused and abused the instrumentalities of the State including the Office of the Governor in order to undermine democratically elected opposition governments." PTI SKC ZMN

This is unedited, unformatted feed from the Press Trust of India wire.

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